Legal Opinion

Wallace v. Smith

District Court, E.D. New York

Decided January 4, 1995No. 92 CV 0111(FB)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

BLOCK, District Judge:

Petitioner Darryl Wallace (‘Wallace”) brought this habeas corpus petition pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the Court concludes that Wallace’s status as a fugitive from justice warrants dismissal of the petition.

I

FACTS

On April 19,1989, Wallace was convicted in New York State court of criminal possession of a controlled substance in the third degree for possessing with the intent to sell thirty-seven vials of crack-cocaine. He was sentenced to six to twelve years imprisonment. On February 4, 1991, the New York Appellate…

2Cases cited7 opinions

  1. United States v. Alphonse PersicoCourt of Appeals for the Second Circuit · 1988
  2. United States v. Forty-Five Thousand Nine Hundred Forty Dollars ($45,940) in United States Currency (Terry C. McKay Claimant)Court of Appeals for the Second Circuit · 1984
  3. Yoram Bar-Levy v. United States Department of Justice, Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1993
  4. Conforte v. Commissioner of Internal RevenueSupreme Court of the United States · 1983
  5. Aetna Casualty & Surety Co. v. SciricaAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by1 opinion

  1. Paul Johnson Drywall Incorporated v. Sterling Group LPDistrict Court, D. Arizona · 2024

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